Patna High CourtCR. MISC./22562/2026bail granted

Soharab Alam v. The State Of Bihar

2026-04-07Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22562 of 2026 Arising Out of PS. Case No.-23 Year-2026 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Soharab Alam Son of Hasmuddin Miyan @ Hasamuddin Miya Resident of Village - Balapur, P.S.- Barahariya, District - Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2026 Heard Mr.Pankaj Kumar Dubey, learned counsel for the petitioner and Mr.Md. Nazir Ansari, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 12.01.2026 in connection with Kuchaikot P.S. Case No. 23 of 2026, F.I.R. dated 11.01.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Recovery is of 927.720 liters of foreign liquor.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. Further submits that it appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the Pick-up-

Patna High Court CR. MISC. No.22562 of 2026(2) dt.07-04-2026 2/3 Van in question and petitioner is not the owner of the vehicle in question and it appears from the seizure list that there is noncompliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 12.01.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid fact, petitioner has clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-IV-cum-Exclusive Special Judge, Excise Court-II, Gopalganj in connection with Kuchaikot P.S. Case No. 23 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.22562 of 2026(2) dt.07-04-2026 3/3 (III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T